If you are using software applications of Vermeer Software Solutions, these license terms are an agreement between you and Vermeer Software Solutions (or one of its affiliates). They apply to software applications and any Vermeer Software Solutions services or software updates (except to the extent such services or updates are accompanied by new or additional terms, in which case those different terms apply prospectively and do not alter your or Vermeer Software Solutions’s rights relating to pre-updated software or services).
If you comply with these license terms, you have the rights below. By using software applications of Vermeer Software Solutions, you accept these terms.
1 Use rights
a You and/or your company may use software applications of Vermeer Software Solutions on devices you own or control.
b These license terms apply to those included software applications, if any, unless other license terms are provided with the software applications provided by Vermeer Software Solutions .
2 No data collection
The software applications designed bij Vermeer Software Solutions don't collect information about you and your use of these applications.
3 Scope of license
The software applications are licensed, not sold. Vermeer Software Solutions reserves all other rights. Unless applicable law gives you more rights despite this limitation, you will not (and have no right to):
a Work around any technical limitations in the software applications that only allow you to use it in certain ways,
b Reverse engineer, decompile or disassemble the software applications,
c Remove, minimize, block, or modify any notices of Vermeer Software Solutions in the software applications,
d Use the software applications in any way that is against the law or to create or propagate malware or
e Share, publish, distribute, or lend the software applications, provide the software applications as a stand-alone hosted solution for others to use, or transfer the software applications or this agreement to any third party.
4 Export restrictions
You must comply with all domestic and international export laws and regulations that apply to the software applications, which include restrictions on destinations, end users, and end use.
5 Support services
Vermeer Software Solutions is not obligated under this agreement to provide any support services for the software applications. Any support provided is 'as is', 'with all faults', and without warranty of any kind.
6 Updates
The software applications may periodically be updated. You may obtain updates only from Vermeer Software Solutions or authorized sources.
7 Entire agreement
This agreement, and any other terms Vermeer Software Solutions may provide for supplements, updates, or third-party applications, is the entire agreement for the software applications.
8 Applicable law and place to resolve disputes
a Dutch law applies to this agreement.
b All disputes arising from this agreement will be submitted to the court of Utrecht, where the principal is established.
9 Consumer rights; regional variations
This agreement describes certain legal rights. You may have other rights, including consumer rights, under the laws of your state, province, or country.
10 Disclaimer of warranty
The software applications are licensed 'as is.' You bear the risk of using it. Vermeer Software Solutions gives no express warranties, guarantees, or conditions. To the extent permitted under applicable laws, Vermeer Software Solutions excludes all implied warranties, including fitness for a particular purpose, and non-infringement.
11 Limitation on and exclusion of damages
If you have any basis for recovering damages despite the preceding disclaimer of warranty, you can recover from Vermeer Software Solutions only direct damages up to EUR 4.00. You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages.
This limitation applies to:
a Anything related to the software applications, services, content (including code) on Internet sites and
b Claims for breach of contract, warranty, guarantee, or condition; strict liability, negligence, or other tort; or any other claim; in each case to the extent permitted by applicable law.
It also applies even if Vermeer Software Solutions knew or should have known about the possibility of the damages.